Criminal Procedure keyed to Israel
Chavez v. Martinez
Facts
While riding his bicycle home from work, Martinez was stopped by police officers who were investigating narcotics violations. Whey they attempted to handcuff him, a struggle ensued, during which Martinez was shot. The wound to Martinez resulted in permanent paralysis and loss of vision. Later, he sued the officers, arguing the search and use of deadly force was unconstitutional. At trial of that matter, in their defense, the officers introduced evidence of a taped confession, obtained while Martinez was at the hospital, in which he admitted grabbing the gun of one of the officers. Martina claimed the tape could not be used because he had not been Mirandized and botht eh trial and appellate courts agreed. The officers appealed.
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